Colorado § 17-1-103.8 - Executive director - inspector general - investigators - duties.

§ 17-1-103.8. Executive director - inspector general - investigators - duties.

(1) The executive director, pursuant to section 13 of article XII of the state constitution, shall appoint a person to the position of inspector general. The person appointed to the position shall report to the executive director and shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.

(1.5) The executive director, in consultation with the inspector general, shall appoint investigators who shall operate under the inspector general's direct authority. Investigators appointed pursuant to this section shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.

(2) The inspector general and the investigators under the inspector general's direction have the following duties:

(a) To investigate, detect, and prevent any crimes, criminal enterprises, or conspiracies originating within the department and any crimes, criminal enterprises, or conspiracies originating outside correctional facilities if the crimes, criminal enterprises, or conspiracies are related to the safety and security of correctional facilities, public or private. Evidence obtained by the inspector general or an investigator of any crimes so investigated shall be:

(I) Reported to the applicable local law enforcement agency; or

(II) With the consent of the district attorney, reported directly to the district attorney, attorney general, or United States attorney having jurisdiction over the issue; or

(III) In the case of a city and county, reported immediately to the local law enforcement agency, and the agency may complete the investigation and report the findings to the district attorney having jurisdiction over the city and county.

(b) To investigate, detect, and prevent any violations of administrative regulations or state policy and procedure and any waste or mismanagement of departmental resources and corruption that may occur within the department and any other violation that may be committed by department staff where the violation could affect the performance of staff duties or tend to erode public confidence in the performance of the department;

(c) and (d) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

(e) To conduct preemployment investigations and integrity interviews of all persons who apply for employment with the department, including employment as contractors and subcontractors. The preemployment investigations and integrity interviews shall ensure that department employees meet the minimum standards set forth by state personnel rules, executive orders, and department policies.

(f) Upon request of a division of the department or a law enforcement agency, to seek out and arrest any fugitive from a correctional facility and to assist a law enforcement agency in the apprehension of fugitives from justice throughout the state.

(2.5) On or before March 1, 2024, and on or before March 1 of each year thereafter, the department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, regarding the utilization of the services described in subsection (2)(f) of this section during the prior year. The report must include, at a minimum, data on the number of times the inspector general or the investigators under the inspector general's direction were used pursuant to subsection (2)(f) of this section, including the number of investigators required, the time committed to the effort, and the cost.

(3) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

(4) For purposes of this section, "correctional facilities" includes but is not limited to any facility with which the department has contracted to house offenders who are in the legal custody of the department.

(5) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

Source: L. 99: Entire section added, p. 422, § 1, effective April 30. L. 2003: (1) and (5)(a) amended, p. 1625, § 49, effective August 6. L. 2008: Entire section amended, p. 464, § 1, effective April 14. L. 2023: IP(2) amended and (2)(f) and (2.5) added, (SB 23-203), ch. 355, p. 2132, § 1, effective August 7.